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PETROLEUM REVENUE ACT 1985 - SECT 6

Exemption from Excise duty

  (1)   Where:

  (a)   a State and the person or persons who produce market petroleum from a production unit have entered into a relevant resource rent royalty agreement providing for a royalty in respect of market petroleum produced from that unit on or after 1   July in a year after 1984 specified in the agreement; and

  (b)   the Commonwealth and the State have entered into a relevant revenue - sharing agreement in respect of royalty payable under that relevant resource rent royalty agreement;

the Minister shall give the Minister administering the Excise Tariff Act 1921 (in this section referred to as the "Excise Minister") a certificate in writing stating that it is appropriate that prescribed petroleum produced from that production source on or after that 1   July should be exempt from duties of Excise.

  (2)   Where the Minister gives the Excise Minister a certificate under subsection   ( 1) in respect of a production source, the Excise Minister shall, by notice in writing published in the Gazette , declare that prescribed petroleum produced from that source, other than:

  (a)   prescribed petroleum produced before the 1   July specified in the certificate; or

  (b)   prescribed petroleum produced after the revocation of the declaration under this subsection in respect of that source;

is exempt from duties of Excise, and, where the Excise Minister publishes that notice, that declaration has effect accordingly.

  (3)   Where:

  (a)   a declaration under subsection   ( 2) in respect of a production source is in force; and

  (b)   either the relevant resource rent royalty agreement or the relevant revenue - sharing agreement because of which that declaration has been made ceases to be in force;

the Minister shall give the Excise Minister a certificate stating that the declaration should be revoked.

  (4)   Where the Minister gives the Excise Minister a certificate under subsection   ( 3) in respect of a declaration, the Excise Minister shall, by notice in writing published in the Gazette , revoke that declaration.



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